Addendum to the benefits of the hadith: (That the Messenger of Allah (peace and blessings be upon him) granted a dispensation for the 'araya to be sold by their estimated measure).
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The Shaykh : This is a consistent principle: when certainty is unattainable, we revert to the preponderance of probability, is that not so?
Fine, but is reverting to the preponderance of probability a consistent principle, or what? I mean, sometimes we say: revert to your preponderance of probability, and sometimes we say: certainty is required. Sometimes we say: certainty is required. It appears to me, after examining some issues, that in matters of worship where the preponderance of probability is sufficient, for example: a person performs istinja' and it is his preponderance of probability that he has purified the place, is that sufficient?
The student: It is sufficient.
The Shaykh : It is sufficient, it is sufficient, and we do not say that certainty is required, for certainty may be unattainable, and this man may have some obsessive doubts; if he were to wait from Maghrib to 'Isha' he would say: I did not become certain.
In wudu', is the preponderance of probability sufficient?
The student: Yes.
The Shaykh : The preponderance of probability is sufficient, and if it were not sufficient, we would have said that rubbing is obligatory, as Malik said regarding ghusl. So rubbing is not obligatory; it is sufficient that you place your hands under the water, yes, or you pour the water and let it run over your arm. If it is your preponderance of probability, that is sufficient. In prayer, if you are uncertain about the number of rak'ahs and your preponderance of probability is that there was an addition or a subtraction, do you act according to it, or not?
The student: You act according to it.
The Shaykh : You act according to it. In tawaf, it is the same. The important point is that probability has standing in the Shari'ah, even in matters where certainty is required; when certainty is unattainable, we revert to the preponderance of probability. Fine.
Fine, but is reverting to the preponderance of probability a consistent principle, or what? I mean, sometimes we say: revert to your preponderance of probability, and sometimes we say: certainty is required. Sometimes we say: certainty is required. It appears to me, after examining some issues, that in matters of worship where the preponderance of probability is sufficient, for example: a person performs istinja' and it is his preponderance of probability that he has purified the place, is that sufficient?
The student: It is sufficient.
The Shaykh : It is sufficient, it is sufficient, and we do not say that certainty is required, for certainty may be unattainable, and this man may have some obsessive doubts; if he were to wait from Maghrib to 'Isha' he would say: I did not become certain.
In wudu', is the preponderance of probability sufficient?
The student: Yes.
The Shaykh : The preponderance of probability is sufficient, and if it were not sufficient, we would have said that rubbing is obligatory, as Malik said regarding ghusl. So rubbing is not obligatory; it is sufficient that you place your hands under the water, yes, or you pour the water and let it run over your arm. If it is your preponderance of probability, that is sufficient. In prayer, if you are uncertain about the number of rak'ahs and your preponderance of probability is that there was an addition or a subtraction, do you act according to it, or not?
The student: You act according to it.
The Shaykh : You act according to it. In tawaf, it is the same. The important point is that probability has standing in the Shari'ah, even in matters where certainty is required; when certainty is unattainable, we revert to the preponderance of probability. Fine.